CO2 Subscription Service

SodaStream CO2 Subscription Service

Terms and Conditions

IMPORTANT: PLEASE READ THE FOLLOWING TERMS FOR YOUR SUBSCRIPTION SERVICE CAREFULLY

1.The Terms

1.1 Please read these terms carefully before you submit your order to us. These terms set forth the details of the SodaStream CO2 Subscription Service (“Subscription Service”) you selected. It includes how the terms may change, how the Subscription Service may end, and what to do if there is a problem, along with other useful and important information If you think that there is a mistake in these terms, please contact us at: 0800 0858 373 Monday-Friday 9AM-7PM GMT or by submitting a contact us form by clicking the link here.

1.2 These terms and conditions, together with the Terms of Use of the Website, are available at https://sodastream.co/uk/pages/legal. Our Privacy Policy is available at here. and our Terms of Purchase, are available here. All are collectively referred to as the “Terms.” These Terms will form our agreement with you, and the Terms will govern your use of the Subscription Service. By choosing to subscribe to the Subscription Service you agree to these Terms.

1.3 These Terms will apply in addition to any other terms and conditions applicable to the use of SodaStream cylinders (“Cylinders”) containing the CO2 gas content (“CO2”) and the Cylinder delivered to you under the selected Subscription Service. These Terms do not supersede any other terms and conditions.

1.4 When you place your order for our Subscription Service you will be required to give us certain personal information, including but not limited to your name, email address, mailing address, and payment information. We may also collect information about your usage of the Subscription Services, such as the pages you visit and the features you use, as well as information about your device and browser. This information and additional information as detailed in our Privacy Policy is collected to allow us to provide you with the Subscription Service, process your payments, and communicate with you about your account. We may also use this information for analytical purposes and to improve the quality and functionality of our Subscription Service. By providing this information and/or purchasing and subscribing to our Subscription Service, you consent to its collection, use, and storage of your personal information as described in our Privacy Policy and it sets forth how we will collect and use your personal information. It is important that you read our Privacy Policy in full. It can be found on our website at https://sodastream.co.uk/pages/legal.

1.5 We may make changes to these Terms from time to time. The reasons for these changes may include:

1.5.1 a change in permitted payment methods;
1.5.2 a change in delivery process;
1.5.3 a change to applicable law, rules, or regulation;
1.5.4 a change or development to the Subscription Service or its operation;
1.5.5 to clarify or further explain Terms.

1.6 Where we make a change to these Terms we will notify you of the change at least 30 days before making a change. You may exercise your right to terminate your Subscription Service at any time in accordance with Section 8 of these Terms if you do not agree to the changes. We will post updated versions of the Terms on Website.

 

1.7 When we use the words "writing" or "written" in these Terms, this includes emails.

 

2. How to Contact Us - You may contact SodaStream’s Customer Support and/or make a complaint by calling 0800 0858 373 Monday-Friday 9AM-7PM GMT, or at https://support-uk.sodastream.com/hc/en-gb.

 

2.1 Further contact details can be found on our website by clicking the line here.

2.2 If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided in your order.

3. The Subscription Service

3.1 When you use the Subscription Service we will provide you with ongoing CO2 via Cylinders in accordance with your order and the Terms. SodaStream will provide the Cylinders to you in conformity with these Terms. All orders will be shipped to the delivery address specified by you when you subscribed to the Subscription Service .

3.2 As part of your initial order, you may choose the frequency with which the Cylinders are exchanged under the Subscription Service in accordance with options set forth on the website on the ”product page” (“Shipment Frequency”).

3.3 Cylinders can only be exchanged in quantities equivalent to the number of Cylinders received according to the Subscription Service. For example, if you receive four (4) Cylinders in an order, you must return four (4) Cylinders. Your initial Cylinder order and any subsequent Cylinder exchange shall include a pre-paid returns label for the return of the initial Cylinder order or any subsequent exchange Cylinders (as applicable).

3.4 After you receive an order of Cylinders, you MUST return all the Cylinders that you have received under your Subscription Service. Cylinders must be returned no later than 30 days following the day on which the next cycle of your Shipment Frequency begins. This means that you have 30 days following the exchange of Cylinders in accordance with your Shipment Frequency to return your Cylinders. In order to return your Cylinders, please replace the caps onto the Cylinders, package the Cylinders in the box provided to you with the Cylinder order and affix the pre-paid returns label on the outside of the package.

3.5 When returning Cylinders, you will ensure that the Cylinders’ are in substantially the same condition as when you received them, and that they are in their original packaging with the original tamper-proof seal intact. You shall not be entitled to return and exchange Cylinders determined by SodaStream to be damaged or tampered with in any way. In the event that SodaStream determines that any returned Cylinders are damaged or have been tampered with, SodaStream may at its discretion charge you for such Cylinders as if they were missing Cylinders according to Section 8.5 below.

3.6 In the event you fail to return all or any part of the Cylinders, we will in the first instance contact you and ask you to send the missing Cylinders. Should you fail to return the missing Cylinders within period set out in Section 3.4 above, we will charge you for the missing Cylinders in accordance with Section 8.5.

3.7 The Subscription Service shall start on the date that the initial Cylinder order is placed and finalized, and shall renew on the basis of your chosen Shipment Frequency. During the Subscription Service, you will be entitled to ongoing CO2 supply up to the Cylinder limit applicable to your Subscription Service preferences as outlined in My Account. As part of your Subscription Service, you may be provided with promotional offers at the time you subscribe to your Subscription Service or as made available to members from time to time.

3.8 The Subscription Service shall continue for as long as you adhere to these Terms, including payment, unless the Subscription Service was canceled or terminated in accordance with these Terms

4. Payment

4.1 Payment of fees due in relation to your Subscription Service (“Fees”) will be collected at the time of your order. Fees for subsequent orders will be charged on a recurring basis at the time of your next Cylinder order date, as based on your preferred Shipment Frequency as shown on “My Account”. Fees will be charged to your preferred method of payment as described in section 4.2 below. Fees charged to you will be determined by the quantity of Cylinders ordered by you and shipped to the address you entered in “My Account”, as noted under the “Shipping address” section, and will include payment for the Cylinders and the applicable shipping fee as displayed on our website. Fees shall be inclusive of all applicable taxes.

4.2 Payments can be made by credit or debit card (such as Visa, MasterCard and American Express), or by payment services such as PayPal, Google Pay and Apple Pay and can be made in one payment at the time you sign up. You consent to us collecting all Fees in connection with the Subscription Service from your selected payment method (“Payment Method”). You may change your Payment Method at any time by visiting your personal account “My Account”.

4.3 You consent to us collecting the Fees due in connection with the Subscription Service according to your selected Payment Method. You can cancel this authority at any time by notifying us or your credit card provider. If you contact your credit card provider to cancel this authority, please notify us. You will remain liable for any amounts due under the Subscription Service and will have to pay us by an alternative method as requested by us.

4.4 Depending on the payment establishment or payment service provider, payment by credit card may require an authorization. In the event SodaStream does not receive such authorization, SodaStream may cancel your Subscription Service and any outstanding order.

4.5 No order will be sent until payment is received. The data registered by our payment system constitutes full proof of the financial transactions.

4.6 To ensure that your selected Payment Method is not being used without your consent, we may validate name, address and other personal information supplied by you during the order process with appropriate third party databases in accordance with Section ‎8 below and subject to SodaStream Privacy Policy. In performing these checks, personal information provided by you may, in accordance with Section ‎8 below, be disclosed to a registered credit reference agency which may keep a record of that information.

4.7 No order will be shipped until payment is received or payment has been processed. The data registered by our payment system constitutes full proof of the financial transactions.

4.8 If you fail to pay the Fee or any part thereof on the due date and you have not told us that you want to end your Subscription Service, we may make reasonable attempts to contact you to understand why the payment has not been made and when you are able to make it. You will remain responsible for any uncollected amounts. In the event you do not set up a valid payment method within thirty (30) days following the relevant due date, SodaStream may terminate your Subscription Service according to these Terms.

5. Orders

5.1 To subscribe to the Subscription Service, you must register and create a login for sodastream.co.uk and read and agree to the Terms.

5.2 Orders of cylinders take place online through our website.

5.3 When you place an order, we will send you an order confirmation by e-mail confirming receipt of your order and its details.

5.4 We will notify you in writing once we have shipped your order and the estimated time for delivery.

5.5 To change your shipping address, please update the relevant details in the “Shipping address” section in ”My Account”.

5.6 To terminate your Subscription Service, you must tell us. You can do this by calling us on 0800 0858 373 (please note that our telephone lines are open Monday-Friday 9AM-7PM GMT), submitting a “Contact Us” form by clicking the link here, or by using the Subscription Service management options available in “My Account”. Upon our receipt of your cancellation request, we will send you an acknowledgement of receipt by email.

5.7 You may make the following changes to your Subscription Service from your personal account (“My Account”): cylinder type; the number of Cylinders delivered during your Shipment Frequency; and the Shipment Frequency of the Subscription Service. Please note that if a Subscription Service Order has already been packed for shipment, the any changes you make will take affect from next scheduled shipment.

5.8 Changes to the Subscription Service noted in sections 5.5-5.7 above and section 6 below, can be made through “My Account”, or else by contacting one of our Customer Care agents using the contact details set out in section 2. The Customer Care Agents can also, at the customer's request, skip, cancel, change Cylinder type, change frequency and Cylinder amount on behalf of the customer through our customer support platform, Zendesk.

6. Skip

You have the option to skip a Subscription Service shipment by going to ”My Account”. The next shipment will be based on your selected Shipment Frequency. For example, a monthly Subscription Service shipment planned for March 10th can be skipped, meaning that the next shipment will take place on April 10th. You may not skip a shipment more than one time within a Shipment Frequency.

7. Delivery

7.1 Details regarding delivery options, costs and service provider used are set out in section 5 of the General Terms and Conditions and Shipping and Delivery section available at https://sodastream.co.uk/pages/legal.

7.2 SodaStream will provide you with Cylinders under the Subscription Service, subject to receipt of the Fee, stock availability and any factors beyond SodaStream’s reasonable control.

7.3 SodaStream will not be responsible for late delivery under the Subscription Service, or for not supplying any part of your order if this is caused because you did not give us the information we need to process and fulfil your order, as set out in these Terms. SodaStream and/or companies authorized by SodaStream may contact you by text, telephone and/or email with information regarding your order and delivery. Where we share your personal data with third parties to facilitate this, we will only do so in accordance with our ”Privacy Policy”.

7.4 We list availability information related to the Cylinders on our website. As we process your order, we will inform you by e-mail as soon as possible if any part of order is unavailable. You will not be charged for any part of your order that cannot be filled.

7.5 In the event that our stock of Cylinders is insufficient for all deliveries to be filled on a timely basis, and this is because of reasons beyond our control, you agree that SodaStream is entitled to defer delivery. When this occurs, SodaStream will give you notice, and will act reasonably and do its best to fulfill the orders on time.

7.6 Please note that unless otherwise stated on the website, delivery estimates are not guaranteed delivery times and should not be relied upon as such.

7.7 We will not be held responsible for any delay or failure to comply with our obligations under the Terms if the delay or failure arises from any event or situation which is beyond our reasonable control. If an event of this sort occurs then we will contact you as soon as possible to let you know, and we will take steps to minimize the effect of the delay. If there is a risk of substantial delay, you may end your Subscription Service and receive a refund for any unfulfilled order amount paid by you from the date you placed your order for any undelivered Cylinders up until the effective time you end your Subscription Service with us. This condition does not affect your right to have the Cylinder orders sent to you within a reasonable time.

7.8 You may contact SodaStream’s Customer Support by calling 0800 0858 373 Monday-Friday 9AM-7PM GMT or by filling out a “contact us” form by clicking this link here.

8. Ending your Subscription

8.1 You may terminate the Subscription Service at any time by visiting your personal account (“My Account”).

8.2 If you terminate the Subscription Service under this Section 8, you will remain responsible for missing Cylinders as stated in Section 8.6 below. Please note that, except if you cancel your Subscription Service within the 14 days following the date on which you sign up for the Subscription Service, as described in Section 8.3 below, SodaStream is unable to provide a refund for any Cylinders you receive prior to cancelling your Subscription Service.

8.3 In addition to the termination rights set out in section 8.1, you have a right to cancel the Subscription Service and receive a full refund of any Fees paid anytime up to 14 days from the date on which you sign up for the Subscription Service. Should you receive your initial Cylinder order prior to cancelling the Subscription Service in accordance with this section 8.3, you must return the Cylinders as set out in section 8.5.

8.4 SodaStream reserves the right to terminate your Subscription Service by giving notice in the event of the following:

8.4.1 your Payment Method fails according to Section 4.8 above, and you did not make any payment when it is due; 8.4.2 we are not able to validate your personal information and delivery address; 8.4.3 address change to an area in which there is no delivery coverage; 8.4.4 you do not comply with any of the Terms; or 8.4.5 you are engaged in illegal or fraudulent use of the Subscription Service.

8.5 Should you terminate your Subscription Service for any reason, you must return all Cylinders in your possession no later than the period specified in section 3.4. Should you require a pre-paid returns label, you may download this from “My Account”, or else contact us using the details set out at section 2.

8.6 To the extent that you fail to return a Cylinder, or return damaged Cylinders, you agree to pay us £10.00 GBP for each missing or damaged Cylinder.

8.7 If a Cylinder is not returned in good and usable condition according to Section 3.5 above, or if it is not returned within the period set out in Section 3.4, it shall be regarded as a missing Cylinder.

8.8 You agree that SodaStream may at its discretion (which shall not be unreasonably exercised) charge you all amounts that are due and payable under the Subscription Service and in accordance with these Terms using your selected Payment Method. Such amounts due may include, but shall not limited to, missing Cylinders.

9. Cylinder Ownership

9.1 The Cylinders are provided to you pursuant to the User License Agreement (“License”) that can be found on our website at SodaStream.co.uk. In order to receive the Subscription Services, you must agree to the terms of the License.

9.2 You hereby acknowledge that the Cylinders will remain at all times the sole and exclusive property of SodaStream. Without prejudice to any rights you have under applicable law, the usage rights set out in the License and any further rights set out in these Terms form the entirety of the rights that you and/or anyone acting on your behalf have with respect to the Cylinders.

9.3 For your safety and protection the cylinders shall only be refilled and maintained by SodaStream. You must return your empty cylinders to SodaStream for refill and maintenance, Cylinders serviced by third parties could be extremely risky and my result in bodily injuries. Unauthorized refilling may also violate the law and infringe on SodaStream's rights.

10. Our responsibility for loss or damage suffered by you

10.1 Our Cylinders come with a limited warranty. For further details on how to claim this warranty and what it includes, please see the warranty instructions attached to each of the Cylinders. This information is also posted on our website.

10.2 Our warranty for the Cylinders will only apply to Cylinders refilled by SodaStream and bearing a SodaStream tamper-proof valve seal.

10.3 In addition to the limited warranty provided with our Cylinders, we also provide a limited warranty with our sparkling water makers. For further information, please see the applicable product literature and warranty documentation that accompanied your machine and Cylinder. This information is also posted on our website.

10.4 Except where not permitted by applicable law, our maximum liability to you, whether in contract, tort (including negligence) or otherwise, in connection with the Subscription Service, will be limited to the Fees paid by you for the Subscription Service over the twelve months (12) preceding the date on which you suffered the relevant loss or damage.

11. Applicable law

These Terms are governed by and construed in accordance with the laws of England and Wales, and the application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. We agree to submit to the exclusive jurisdiction of the courts of England, which means that you may bring a claim to enforce your consumer protection rights in connection with these Terms in England.

12. Statutory rights

These Terms are without prejudice to your statutory rights.

13. Miscellaneous

13.1 These Terms form the agreement between you and us. No other person shall have any rights to enforce any of its terms.

13.2 We do not sell products for purchase by children. To purchase the Subscription Service, you must be at least eighteen (18) years old and a resident in the UK.

13.3 To find more information about our Subscription Service or if you need assistance with your personal account, please contact us using the details set out in Section 2.

13.4 In the event of any conflict between these Terms and information provided by Customer Support or in other portions of our website, these Terms will prevail with respect to the Subscription Service.

13.5 Each of the paragraphs of these Terms operates separately. If a court finds any part or term of this agreement to be illegal, void, invalid or unenforceable under the laws of any jurisdiction, the rest of these Terms will continue in full force and effect.

13.6 If we do not insist immediately that you do anything you are required to do under these Terms, or if we otherwise delay in taking steps against you in respect of your failure to comply with these Terms, this will not mean that you do not have to do those things and it will not prevent us from taking steps against you at a later date. Any delay by SodaStream in enforcing its rights under the Subscription Service or its rights against you including your responsibilities under the Subscription Service shall not be considered a waiver by SodaStream of its rights.

13.7 We will send you information relating to your account in electronic form to the email address provided during registration or through your personal account on the website.

13.8 We reserve the right to transfer our rights or obligations under this agreement to any company, firm or person, provided this does not negatively impact your rights under these Terms.

13.9 This agreement is personal to you. You may not transfer your rights or obligations under these Terms to anyone else, and no third party is entitled to benefit under these Terms.